Western Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 53

53 .         Remedy for supply of goods etc., in contravention of Act or order

        (1)         If — 

            (a)         goods are supplied to a person in contravention of section 51; or

            (b)         goods are supplied to a person and the supply of the goods is an offence under section 52 (whether or not there has been a conviction for the offence),

                the person may recover from the supplier as a debt any money paid for the goods.

        (2)         If judgment is given for the plaintiff in an action under subsection (1), the judgment debt may, if the court so directs, be satisfied by repair or modification of the goods in such a manner that — 

            (a)         the contravention relied on by the plaintiff would not have occurred if the goods had been supplied as required or modified; or

            (b)         the repaired or modified goods are accepted by the plaintiff on or before a day specified in the direction.